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Rs 32:410 Form Of License; Photograph, Signature Of Licensee, Anatomical Gift Statement, Declaration Of Life-Sustaining Procedures, And Additional Information On License

§410. Form of license; photograph, signature of licensee, anatomical gift statement,

declaration of life-sustaining procedures, and additional information on license

A.(1) Every application for a driver's license and the license issued as a result of such

application shall contain the photograph of the applicant or licensee, as the case may be. At

the time of renewal of a license, the expired or expiring license shall be surrendered to the

office of motor vehicles of the Department of Public Safety and Corrections.

(2) The Department of Public Safety and Corrections shall use such process or

processes in the issuance of licenses that prohibit as nearly as possible the ability to alter or

reproduce a license or to superimpose a photograph on such license without ready detection.

All licenses and photo attachments shall be processed in color.

(3)(a) Every license issued shall bear thereon:

(i) The distinguishing number assigned to the applicant and shall contain the name

of the state.

(ii) The applicant's full legal name. For the purposes of this Item, an applicant's full

legal name shall be defined in compliance with the Real ID Act, if implemented. If and until

such time as the Real ID Act is implemented, the applicant's full legal name shall be defined

as the given name or names that appear on an official birth certificate together with the

surname as it appears on the official birth certificate, unless the surname is changed in

accordance with R.S. 9:292. No other name shall be permitted to be used unless the

applicant provides proof of name change granted by a district court in accordance with the

law. Should the Real ID Act be implemented, the full legal name shall be defined as stated

by the Real ID Act. The department shall promulgate rules and regulations as are necessary

to implement the provisions of this Item.

(iii) The applicant's mailing address and residential address, if different from the

mailing address. The residential address provided for issuance of a driver's license for any

law enforcement officer, court officer, or member of his immediate family as defined in R.S.

32:409(C) shall be the residential address which appears on the driver's license.

(iv) The dates of issuance and expiration.

(v) The group or groups of motor vehicles the applicant is authorized to operate.

(vi) The endorsements for which the driver has qualified.

(vii) Any applicable restrictions to which the applicant is subject.

(viii) Other information to identify the applicant including date of birth (month, day,

and year), sex, height, weight, and eye and hair color. An applicant's license may bear his

social security number at his option.

(ix) Parish of residence code number. The parish code shall be consistent with the

numerical code as designated by the secretary of state.

(b) Every applicant for a license shall write his usual signature with pen and ink in

the space provided for that purpose on the license issued to him immediately upon receipt

of such license, and such license shall not be valid until so signed, except in the case of a

person who cannot write his or her name, and in such case he may make his mark in the

presence of one attesting witness and any other information requested by the department.

(c) Every license issued shall bear thereon the words "DON'T DRINK AND DRIVE;

DON'T LITTER LOUISIANA".

(d) The magnetic strip on the back of the license shall contain only the information

required in Subparagraph (a) of this Paragraph. No other personal information of any kind

shall be contained on the magnetic strip. In no case shall information not included on the

face of the driver's license, including the Social Security number, be included on the

magnetic strip.

(4) Every commercial driver's license must contain a prominent statement that the

license is a "Commercial Driver's License" or "CDL". The word "nonresident" shall be

added to the face of a nonresident commercial driver's license. The word "nonresident" shall

be conspicuously and unmistakenly displayed but may be noncontiguous with the words

"Commercial Driver's License" or "CDL". Additionally, every commercial driver's license

must state: "Holder of this license must be twenty-one years of age or older to utilize the

privileges of this license in interstate commerce pursuant to 49 Code of Federal Regulations

391.11."

(5) Beginning January 1, 2007, the office of motor vehicles of the Department of

Public Safety and Corrections shall provide for a method by which an applicant has the

option of including emergency contact information in the operating record of the driver's

license to which law enforcement and emergency personnel will have access.

(6)(a) Beginning July 1, 2013, the office of motor vehicles of the Department of

Public Safety and Corrections shall provide a method by which an applicant may choose to

include a special endorsement code on his driver's license to indicate whether the applicant

has been issued any of the following:

(i) A lifetime hunting or fishing license issued pursuant to R.S. 56:649.1 et seq.

(ii) A certificate of completion of firearm and hunter education issued pursuant to

R.S. 56:699.5.

(iii) A certificate of completion of boating safety education issued pursuant to R.S.

34:851.36.

(b) Inclusion of a special endorsement code pursuant to Subparagraph (a) of this

Paragraph on his driver's license shall be solely at the option of the applicant. If applicant

opts to include any such endorsement code, possession of his driver's license which displays

such endorsement code shall satisfy any requirement to possess and exhibit such license and

certificate.

B.(1)(a) The Department of Public Safety and Corrections shall give the widest

possible dissemination to the anatomical donation program relating to eyes, kidneys, entire

bodies, etc., and shall make whatever provisions are feasible and desirable, through its

drivers licensing examining offices, to enable persons desiring to make such anatomical

donations to confirm their desires and intentions through the use of suitable documents to

be maintained and issued in all driver's license examining offices. Additionally the license

issued by the department shall contain an indication thereon whether or not the named

applicant has elected to make an anatomical gift pursuant to the provisions of this Chapter

or R.S. 17:2351 et seq., said indication to be by placing an "X" in the appropriate box marked

"Yes" or "No" under or adjacent to the term "anatomical gift".

(b) The following information shall be made available free of charge to applicants

for a driver's license on a form to be promulgated by the department and maintained on file

with the department:

(i) An anatomical gift statement indicating the organs donated for the purpose of

transplantation or transplantation research;

(ii) A space for indicating any limitation or special wish of the donor; and

(iii) The signature of the donor and the witnesses to the signature of the donor.

(c) If the applicant elects not to execute an anatomical gift statement at the time of

application, the statement shall remain blank when presented to the licensee so it can be

executed by the licensee at any time after the license is issued. No other form or statement

shall be required for the purpose of providing for the donation of organs.

(2) The applicant shall be asked at the time of application if he would like to be an

organ donor and informed that the gift may be made either to a named donee or without the

naming of a donee and the effect thereof as provided in R.S. 17:2354(D).

(3) An anatomical gift made pursuant to this Subsection may be revoked as provided

in R.S. 17:2351 et seq.

(4) The state or any of its agencies, departments, or political subdivisions shall not

be liable in damages or otherwise for any removal or use of any anatomical gift made

pursuant to this Subsection.

(5) The attending physician, and the hospital where an anatomical gift is made or was

to be made, shall not be liable for the removal, use, or the failure to remove or use any

anatomical gift made pursuant to this Subsection.

(6) Except as otherwise provided in this Subsection, the document of donation and

the donation shall be made pursuant to R.S. 17:2351 et seq.

(7) The department shall furnish upon request, written information to each applicant

for a driver's license or renewal thereof at the time of the application, stating that if such

applicant has executed a document of gift pursuant to the Anatomical Gift Act, and if the

document has been deposited in any hospital, registry office, or depository that accepts such

documents for safekeeping or for facilitation of procedures after death, he may authorize the

department to include on an organ donor card a notification disclosing that a document has

been executed including the file number for the document. When so authorized by the

applicant, the department shall in such manner and form as it determines include on the

donor card a notification disclosing that a document has been executed, and disclosing the

place where the document is deposited including the file number for the document, in order

to provide the widest possible dissemination of the information.

C.(1)(a) The Department of Public Safety and Corrections shall give the widest

possible dissemination to the declarations concerning life-sustaining procedures under the

provisions of R.S. 40:1151 et seq., and shall make whatever provisions are feasible and

desirable, through its driver's licensing examining offices, to enable persons desiring to make

such declarations to confirm their desires and intentions through the use of suitable

documents to be maintained and issued in all driver's license examining offices.

Additionally, the license issued by the department shall contain an indication thereon

whether or not the named applicant has elected to make such a declaration, said indication

to be by placing an "X" in the appropriate box marked "Yes" or "No" under or adjacent to

the term "living will".

(b) If the applicant elects not to execute a declaration concerning life-sustaining

procedures at the time of application, the statement shall remain blank when presented to the

licensee so it can be executed by the licensee at any time after the license is issued.

(2) The applicant shall be asked at the time of application if he would like to make

a declaration concerning life-sustaining procedures or a living will.

(3) The state or any of its agencies, departments, or political subdivisions shall not

be liable in damages or otherwise for any declaration made pursuant to this Subsection.

D.(1) Upon request, the license holder's blood type shall be exhibited on the back of

the driver's license regardless of its class. No additional fee shall be charged to include such

designation. The deputy secretary of the Department of Public Safety and Corrections,

public safety services, shall promulgate, in accordance with the Administrative Procedure

Act, rules and regulations necessary to implement the provisions of this Subsection.

(2) No action taken by any person, whether private citizen or public officer or

employee, with regard to any driver's license displaying a blood type, shall create a warranty

of the reliability or accuracy of the document or electronic image, or create any liability on

the part of the state, or on the part of any department, office, or agency of the state, or on the

part of any officer, employee, or agent of the state.

E.(1) The department shall provide for the option of the issuance of drivers' licenses

that are either compliant or not compliant with the standards of the REAL ID Act of 2005,

P. L. 109-13, and federal rules adopted pursuant thereto as of January 1, 2016, hereinafter

collectively referred to as REAL ID, in the manner set forth in this Subsection.

(2) Any person applying for a driver's license pursuant to the provisions of this

Chapter may elect to apply for a driver's license that complies with the standards of REAL

ID. If that person is eligible for a driver's license to be issued pursuant to the provisions of

this Chapter and meets all requirements of the United States Department of Homeland

Security for a REAL ID compliant credential, that person shall be issued a driver's license

which bears a United States Department of Homeland Security approved security marking

reflecting that such credential meets REAL ID standards. A person who is issued a REAL

ID compliant driver's license shall not be issued a REAL ID compliant special identification

card.

(3) Any person applying for a driver's license pursuant to the provisions of this

Chapter, who elects not to apply for a driver's license that complies with REAL ID standards,

and who is otherwise eligible to be issued a driver's license pursuant to the provisions of this

Chapter, shall be issued a driver's license which indicates the driver's license is not in

compliance with REAL ID. If the person has elected not to apply for a REAL ID compliant

driver's license, the department shall not require the applicant to comply with any REAL ID

requirements that were not required by the state as of January 1, 2016, or require the

applicant to submit to a facial image capture in connection with such application prior to

determining if such applicant is eligible to be issued a driver's license pursuant to the

provisions of this Chapter. If the person has elected not to apply for a REAL ID compliant

driver's license, the department shall not copy, scan, maintain, or share a copy of the

applicant's documents proving his identity. This includes but is not limited to the applicant's

birth certificate, social security card, or United States issued passport.

(4)(a) Each applicant for a driver's license shall be informed that he is not required

by law to be issued a REAL ID compliant driver's license and may be issued a driver's license

which is not REAL ID compliant. The applicant shall be required to indicate on his driver's

license application whether he is applying for a REAL ID compliant driver's license or a

driver's license that is not REAL ID compliant. Additionally, each applicant shall indicate

receipt of the printed document required by Subparagraph (b) of this Paragraph on the

application for a driver's license.

(b) The department shall provide each applicant for a driver's license a printed

document that includes the following information:

(i) The documents that an applicant is required to provide to obtain a REAL ID

compliant driver's license, and the documents an applicant is required to provide to obtain

a driver's license that is not REAL ID compliant.

(ii) The purposes for which a REAL ID compliant driver's license may be utilized,

and the purposes for which a driver's license that is not REAL ID compliant may be utilized.

(iii) The electronic technology incorporated into a REAL ID compliant driver's

license, and the electronic technology incorporated into a driver's license that is not REAL

ID compliant.

(5) Compliance with REAL ID referenced in this Subsection shall be limited to those

standards in effect as of January 1, 2016. Any subsequent changes or additions to federal

laws or rules for implementation of REAL ID shall be implemented by the state only if such

changes are approved by the legislature by a favorable vote of a majority of the elected

members of each house.

(6) Any eligible person electing to obtain a driver's license which bears a United

States Department of Homeland Security approved security marking reflecting that such

credential meets REAL ID standards prior to the renewal date of his driver's license may be

issued such driver's license at the cost of a duplicate license.

(7) Upon the request of any applicant for a driver's license, the department shall

record and retain the applicant's name, date of birth, certificate numbers, date filed, and

issuing agency in lieu of retaining an image or copy of the applicant's birth certificate.

(8) The department shall not participate in any programs that exchange or allow the

access of facial biometric data of Louisiana citizens obtained in the issuance or renewal of

a Louisiana driver's license to the agencies, governments, or contractors of other states or

nations without a warrant or a court order issued for access to that data.

F.(1) Upon request of any person, any personal identifying source documents or

photographs of such person obtained by the department or a contractor in the process of a

person applying for or renewing a driver's license between July 7, 2008, and June 14, 2016,

that were not required by state law to be captured by the department or a contractor as of July

7, 2008, shall be disposed of as follows:

(a) Personal identifying source documents shall be removed and purged from

department and contractor databases and systems.

(b) All photographs of persons obtained by the department which are in the

possession of a contractor shall be purged from the database or system of that contractor.

(2) As used in this Subsection, the following terms shall mean and include:

(a) "Contractor" shall mean and include any contractor of the department, any

affiliate or subsidiary of such contractor, and any subcontractor of such contractor or any

affiliate or subsidiary of such subcontractor.

(b) "Personal identifying source documents" shall mean and include any document

provided by any person to prove his identity or residence. It shall include all copies, scans,

or digital images of such documents.

(c) "Photographs" shall mean and include any captured image, digital or otherwise,

of a person's face. It shall include all copies, scans, or digital images of such image.

Acts 1983, No. 205, §1; Acts 1989, No. 293, §1, eff. June 27, 1989; Acts 1990, No.

866, §1; Acts 1990, No. 934, §1; Acts 1995, No. 554, §1; Acts 1997, No. 864, §1; Acts 1997,

No. 934, §1; Acts 1998, 1st Ex. Sess., No. 8, §2, eff. April 24, 1998; Acts 1999, No. 940, §1;

Acts 2006, No. 416, §1; Acts 2006, No. 444, §1; Acts 2008, No. 594, §1, eff. June 1, 2009;

Acts 2009, No. 224, §3, eff. June 1, 2009; Acts 2010, No. 151, §1, eff. June 8, 2010; Acts

2012, No. 543, §1; Acts 2015, No. 369, §1; Acts 2016, No. 496, §1, eff. June 14, 2016; Acts

2016, No. 505, §1, eff. June 14, 2016.

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Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
license
applicant
issued
driver
real
document
form
anatomical
corrections
safety